Monday, December 02, 2013

Sunday, November 10, 2013

Is God pleased with Israel?

God promised a land to Abraham, and he delivered on that promise.
Then Absalom raised the taxes, and the northern kingdom revolted, becoming the country of Samaria. Jeremiah warned that God was angry at the jews in Judah and would take take that kingdom away too, which He did.

When the UN gave the southern kingdom back, plus the northern kingdom, plus Eilat, they did not ask God if it was His will.
We see this is not working out well, from a human-rights perspective.

Does God want Israel to return into exile?

Remember Kadish Barnea - where the jews were told to go into the land that was prepared for them. Kadish Barnea is south of Bersheeba, but in any case, was not part of the land of Israel.
Joshua went it and came back and said - Nice place. But the others said - too many giants. Nobody wanted to go. So God changed his mind. Then they changed their mind, and did go, despite being told - hey wait. And got beaten up, and had to retreat to wander for 40 years in the Negev. Now they think they own the Negev. They don't.

Friday, October 11, 2013

The EAST and NORTH boundaries may be off


Unfortunately, this looks like a misconception on my part.
The text says "eastward", not "due east".

But at least it shows that the 1934 Treaty of Relations, which said that the 1934 boundaries were just dandy, was not caused by some unauthorized drifting of the boundaries.

Saturday, October 05, 2013

We will never run out of Hydrogen

For example, Saturn has plenty, as does water. And the sun.
Nor will we ever run out of coal or oil or natural gas.
Or energy - for example: the background microwave radiation.

Friday, September 13, 2013

Paying for War,
under the Articles of Confederation

A tax upon wealth, upon the wealthy.
This provision was eliminated in the Constitution.
-----
Article VIII. All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the united states in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or surveyed for any Person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the united states, in congress assembled, shall, from time to time, direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states within the time agreed upon by the united states in congress assembled.

Monday, September 09, 2013

The so-called "Perpetual" Lease of Guantanamo Bay

The 1903 lease documents have no clauses that give a termination date for the lease. The motivation for the lease is mutual protection, and the method is Naval and Coaling Stations.
The motivation has been abandoned, and the means are obsolete.

1. No longer necessary as a coaling station
2. No longer necessary as a Naval Station for the mutual defense of the US and Cuba

The lease may be terminated for the reasons that a contract may be terminated, since a lease is a contract.
1. Material breach
Building a prison is a material breach
2. Anticipatory Breach
Kennedy's promise to not invade Cuba is an anticipatory breach of the US's duty to protect Cuban independence.

Consent of the governed

The larger the police force, the less you need the consent of the majority, and the easier it is to go with minority rule.

Points along the axis of consent are agreement, deference, objection, and opposition. The ship of state floats in a sea of struggle. The point of the ship is to keep the water out. If it doesn't do that, it has no point.

Monday, August 19, 2013

Multiply in your head, the teens


The red area is 200
The blue area is the product of the final digits.
So, for example, 13 * 17 = 200 + 21
-----
The same picture can be drawn for multiplication of certain two 2-digit numbers in the 20's, the 30's, etc, where the basic "red" amount is the product of the upper and the lower multiple of ten. 32*38=30*40+2*8, for example; or 1216
-----
If you can multiple the numbers from 1 through 19 in your head, which is not all that hard, you can then extend this same method to multiplying two numbers in adjacent "tens", where the units add to 10
like 21*39 = 20*40+1*19 = 800 + 19 = 819, and
like 23*37 = 20*40+3*17 = 800 + 51 = 851, and
like 30*30 = 20*40+10*10= 800 +100 = 900

Monday, August 12, 2013

March On Washington

August 28, 1963 I HAVE A DREAM

That someday soon we will be allowed to do this again.
36 CFR 7.96(g)(3)(ii)(B)
The Lincoln Memorial, ... and the single series of marble stairs immediately adjacent to and below that level.
----
Oops. Turns out we can. My bad.

The role of ideas

John Conyors reacts to Keith Hayden's lies

Thursday, July 11, 2013

Michael Hastings crash site


View Larger Map Engine found ~200 ft short of the crash site. Did it come off prior to the crash?
No, the engine was found at Highland and Clinton, 190 ft past.
Someone could estimate the speed needed for this.
LoudLabs video here

Tuesday, June 25, 2013

White collar crime
at the Bradley Manning trial

The prosecution wants to introduce the pay rates of various military grades. Why? They want to say Bradley stole something, and the something was worth over $1000 dollars, and hey buddy that's felony territory. You are in big trouble now. Using the labor theory of value, they want to say that data cost x hours at y dollars per hour to create, and x times y is $102,000. Guilty.

Yes, there is a difference between stealing a baseball and stealing a baseball signed by the New York Yankees; namely the replacement cost is higher. But Bradley did not steal the data in that sense; it is closer to copyright violation type of stealing. And the value of a pirated copy of Michael Jackson's Black or White CD does not depend on the pay rates of the studio musicians.

Ellsberg at least stole copy paper.

Wednesday, June 05, 2013

Sunday, May 19, 2013

Clear and present danger

The phrase can be paraphrased as
If the speech creates the possibility that it might result in effective opposition to government policy, in this case of the draft law, then that speech is not protected by the Constitution.
This understanding of the First Amendment, by Oliver Wendell Holmes, seems not so good, especially comparing it to Justice L. Hand's ruling earlier in the "Masses" (the name of the publication) case.

Friday, March 29, 2013

Complete jurisdiction and control

"The United States shall exercise complete jurisdiction and control" over Guantanamo
Does this mean that the US can do anything it wants? Ignore the Bill of Rights? Violate international law? Violate the lease whose terms it stands on? I don't think so.

Plus, there are crimes with universal jurisdiction.

Thursday, March 28, 2013

Mistakes

The US claims to occupy the Naval Base subject to a valid lease. That's a big one, for surely even the Americans can see that a lease grants the use of a property only for certain things, all of which must be legal, and the landlord can evict you if you violate the terms.

Are the relations between Cuba and the US the same as set out in Treaty of Relations of 1903? Is the US is still best friends with Cuba, or if it's not, was Cuba wrong for getting rid of Batista and the mob?

Is America right to say that the Bill of Rights contains inalienable rights, given by God, to Americans and to no one else?

Are people right to think that knowing the truth will lead to justice?

Monday, March 18, 2013

From Day 1


On December 12, 1903, control of Guantanamo Bay was handed over to the United States, on the Kearsarge. At noon, the Cuban flag was lowered. So much for the recognition of ultimate Cuban sovereignty.

Saturday, March 09, 2013

Guantanamo lease

Would the Government of Cuba be willing to consider leasing Guantanamo Bay to the US for a Naval Station? This may seem like a foolish question, but since the current lease is invalid, and the US cannot be ejected by force, a possible solution might be to negotiate a valid lease, to at least put the occupation on a marginally agreeable and legal foundation.

The advantages seem to be many, but most especially, if this territorial dispute can be settled in this way (and may I suggest that the UN be the bargaining representative for the nation of Cuba), possibly the Palestine question could be resolved using a similar mechanism. This would indeed be a wonderful contribution to world peace in which Cuba could lead the way.

Monday, March 04, 2013

Guantanamo Bay Naval Station

Then

map

Now

camp 6

One got away

Via No More Guantanamos, Nancy Talanian, Dir
One of the Uyghurs, who was released to Palau, left for Turkey to be with his wife. Who knew.

Sunday, March 03, 2013

Unlawful Combatants, that is, pirate

If a soldier kills a civilian, or two, it is lawful combat.
If a civilian kills a soldier, it is unlawful combat.
This is called asymmetric warfare.
------
Bush said he would not distinguish between Al Qaida and those who harbored Al Qaida. The Taliban, who governed Afghanistan, harbored al Qaida. So we declared war on Afghanistan. (Didn't we?)
Taliban prisoners are prisoners of war. If we make no distinction, Al Qaida prisoners are prisoners of war as well.
------
During the revolutionary war, most of the naval forces were privateers. This afforded POW status if captured.
Were the Blackwater contractors lawful or unlawful enemy combatants from the point of view of the people of Falluja?

Take No Prisoners attitude

In ten years of war, how can it be that we have taken no prisoners? Is not each person taken by the military a prisoner of war, or assumed to be a prisoner of war unless he loses that status through some process in accord with our system of laws? Or is the military above the law and outside the law?

Is the Guantanamo Naval Base abandoned

The lease limits the US to military use of the Bay. Since there are no coal fueled ships remaining in the US Navy, the US has ceased to used the Bay as a coaling station. There are no carriers home ported to Guantanamo Bay. USS Gambier Bay (CVE-73) was associated with Guantanamo Bay. It was a Casablanca class escort carrier, sunk in the Battle of Leyte Gulf.

What is a Navy?

A navy is not simply a collection of ships or fighting vessels. It is a process of activities ranging from securing those vessels, raising crews, provisions, arms, munitions, finding ways to resupply those vessels, finding ways to pay all those people, commissioning officers, establishing rules, codes of conduct, and deciding on a naval strategy.
Glenn Grasson, on Cspan3 @2:30, quoting Christopher Magra in The Fisherman's Cause

Saturday, March 02, 2013

I will take anyone anywhere anytime

MP Colonel Michael Bumgarner, of his pride in Guantanamo.
Look inside, searching for "anyone anywhere", and scroll down.

Where shall we put all the POWs


Not Hawaii, Guam, Diego Garcia?
Not Pul-e-Charkhi Prison? The Russians had prisons you know.
After the First Gulf War, where POWs were a problem,
no POW Camp was "ready" for the second Gulf War
according to Inside Gitmo, p16. $0.01+shipping, Amazon.
Did they check the 1903 lease agreement to see if building a POW camp was allowed in Cuba?
No. No, they didn't.

Naval and Coaling Station

Naval Station: A harbor that is home to a fleet.
Coaling Station: A harbor where ships can take on coal for fuel.
----
No other enterprises are allowed under the lease.

Friday, March 01, 2013

Naval Station, only


and no other.
------
A POW camp is not a Naval Station, and constructing a POW camp at Guantanamo is not necessary to fit Guantanamo Bay for use as a naval station. It may be that not all prisoners in a POW camp are classified as prisoners of war, however it is clear that the camp is a POW camp; these people are being detained without charge until the war is over, to keep them from the war.
------
Guantanamo was picked for the POW camp by the Department of Justice, not the Department of the Navy.
------
Guantanamo already had a brig.

Tuesday, February 26, 2013

50 Year Criminal Spree

The 50 year blockade of Cuba violates international law, says everyone except Palau, Israel, and the United states.
Every tort has a remedy.

Sunday, February 24, 2013

1902: George Frisbie Hoar

Hear, hear.
They will welcome us with flowers.

Saturday, February 23, 2013

And for no other purpose

The February 1903 lease agreement for Guantanamo states that the United States is allowed "generally to do any and all things necessary to fit the premises for use as coaling or naval stations only, and for no other purpose."

The prison was built at Guantanamo, not because of the excellent harbor, but because it was thought to be a legal black hole, out of reach of the courts, because of the Supreme Court rulings in the Insular Cases, that the Constitution does not "follow the flag". The flag, they say, is sometimes only a sign of imperial domination, of unchecked military power.

Since the siting of the prison was motivated by this rationale, it violates the terms of the lease, which only allows the site generally to be fitted to the purpose of a naval station, only, and not any additional purpose.

The permanent arbitrary detention of people, in violation of the rights of man, the Constitution, and international conventions, is not generally held to be a necessary function of a military installation, despite its frequency.

1903 Article III vs 1934 Article I

1903 Article III: "That the government of Cuba consents that the United States may exercise the right to intervene for the preservation of the Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging the obligations with respect to Cuba imposed by the treaty of Paris on the United States, now to be assumed and undertaken by the government of Cuba."

The US interprets the 1903 Article III to mean that the Cuban government gives consent, in advance, for interventions that otherwise, without consent, would be a violation of Cuban self-government, which self-government was transferred to the Cuban people via the Treaty of Paris and because the Teller Amendment kept the US from outright seizure of Cuba. This placed Cuba under the benevolent eye of the United States.

1934 Article I: "The treaty of Relations which was concluded between the two contracting parties on May 22, 1903, shall cease to be in force, and is abrogated, from the date on which the present Treaty goes into effect."

1934 Article I cancels 1903 Article III, which granted blanket consent to intervention, yet the United States, through boycotts, quarantines, blockades, over-flights, invasion, and black operations, continues to act as though 1903 Article III were in effect, and pushes aside 1934 Article I. That makes these actions unfriendly, and a material and fundamental breach of the Treaty of 1934. They render that Treaty void, because they run counter to international expectations that promises must be kept, and constitute an unexpected substantial change to the underlying conditions, in that the Unites States no longer seeks the maintenance of the government of Cuba, but its destruction.

This abrogation of the Treaty of 1934 on the part of the United States was matched by the equally hostile action of the invitation to the Russians by the Cubans to install nuclear weapons on its soil, something permitted by treaty, but an act that responded to the change in the underlying situation, and created further unexpected changes to the underlying situation.

Therefore, the Treaty of 1934 is voidable. Since only the Treaty of 1934 addresses the question of the termination of the lease, the issue of lease termination is unspecified, other than the standard conditions.

Friday, February 22, 2013

Another unanticipated use

As United States Admiral La Rocque’s Center for Defense Information has observed, “It is clearly unnecessary militarily”. Indeed, in the modern world, Guantánamo has little strategic importance, unless we overstate the facilitation of logistics for the 1983 United States invasion of Grenada and the 1989 invasion of Panama, both carried out for the purpose of obtaining regime change by force.
2003 Report of Alfred de Zayas

Thursday, February 21, 2013

Cuba's rights to self defense

With the abrogation in 1934 of the May 1903 Treaty of Relations, Cuba became free to enter into military arrangements with any nation for the purpose of securing its independence. The 1963 blockade of Cuba by the USA was intended to frustrate this purpose, which purpose was the benefit to Cuba to be secured by the 1903 lease, according to Article VII of the Appendix to the Constitution of Cuba, which was incorporated into the lease agreement.

The blockade was a fundamental breach.

Cuba and the USA - friends (forever)

The USA may prevent Cuban vessels from access to the ports in the Bay of Guantanamo, at its sole discretion, without that action being considered unfriendly. Any other action may be considered unfriendly, such as blocking access to the waters.

Tuesday, February 19, 2013

Regarding the basis for the Cuban lease

The USA may use the property at Guantanamo only as a military base.

The lease agreement states that the purpose of the lease is to help the USA protect itself and to help the USA protect Cuba from a military threat to its independence.

The Bay of Pigs was an action undertaken that was inconsistent with that agreement. The US actions were not directed to protect the new Cuban government, but to overthrow it. This failure to come to the aid of the new Cuban government gives rise to a claim for damages. Years later, Kennedy promised to respect Cuban integrity, a promise that fell far short of the understanding that the USA would help to protect Cuba's independence from foreign military aggression. This is an anticipatory breach.

The US recognized that the Castro regime was the legitimate government of Cuba, since in 1959 the USA sent a check to the Castro regime, purportedly as payment under the lease. Further, the USA claims that the cashing of the check, in 1959, by the Castro regime constitutes the completion of a valid transaction required by the lease.

Sunday, February 17, 2013

The wisdom of the May 1903 Treaty of Relations

The May Treaty, article I, states

"I. That the government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes or otherwise, lodgement in or control over any portion of said island."

The US correctly realized that foreign entanglements are often problematic, especially for a young nation necessarily weak, and that allowing a foreign power to establish a military base on its soil could easily jeopardize the freedom of the people of Cuba.

Nonetheles, a few months later, the US did exactly that.

The Constitution follows the flag

If the Constitution does not apply in full at Guantanamo, then on what basis do we decide which parts do apply and which parts don't apply. The government wants to argue that all its rights and powers apply,
but an individual's rights and powers are circumscribed.
Very convenient.

The constitution must follow the flag. If the Constitution is not present, of what purpose is the flag? And where the Constitution is present, the human rights of people are present, must be present. US authority can be challenged by a claim of a conflicting authority, but our law must not bend at the pleasure of our servants.

It should not be thought that the rights found in the Bill of Rights are granted to the people by the Constitution; rather they are rights retained by the people; never the government's to give or withhold, of greater scope than the Constitution, not of lesser. These are the rights of all Englishmen, or now, the rights of all people.

Thursday, February 14, 2013

Cuban lease documents at Yale Law School

There are three documents at the Yale Law School, Avalon project, that seem to contain the mutual obligations of the USA and Cuba as regards Guantanamo Bay. These are
The texts of the Lease
1. The February 23, 1903 Lease part 1, the parcels
2. The July 2, 1903 Lease part 2, obligations Wikipedia summary

Treaty of International Relations between the two countries
3. The May 29, 1934 Treaty of Relations which modified and replaced the Treaty of Relations signed at Habana, May 22,1903.
Both mention the lease.

Monday, January 21, 2013

The illegal enemy combattants

The assumption since King John, since 1215, is that responsible authorities need a reason, a rationale, for jailing a person. King John, a tyrant, signed off on this idea, much to the chagrin of the other tyrants, who stopped taking his phone calls.

What is the legal status of the prisoners in Guantanamo; what is our rationale for holding them?

The original term, illegal enemy combatant, expressed the claim that the US is at war with an enemy, that the prisoners belonged to that enemy, and that the prisoners used methods that violate the laws of war.

It is said that all things are fair in love and war. In war, the USA has proclaimed that some things are not fair: chemical, biological, and nuclear weapons. Any other methods are ok; that is, are methods that we ourselves would use, including blending-in by disguising ourselves as a polio eradication team, and thereby setting back the cause of polio eradication in Waziristan.

The notion that we are now engaged in World War III is never expressly said, and if the government does not dare to say it, it can hardly need to be denied.

Governments jail people in peace time and in war. Peacetime prisoners have been tried in court, and go home after a while. Prisoners of war go home, often when the war is over, except some of the higher-ups get tried for war crimes, for violating the laws of war. Holding others is neo-kidnapping, not generally accepted even if you paid money.

Our founding fathers, in the Bill of Rights, listed God-given rights of Englishmen; rights not given by the government. Recently we realized that those rights apply to all people, not just the men of England. You know the rights: the right to a fair trial, to be faced with your accuser, to reasonable bail, to be free from enhanced interrogation. And the Declaration of Independence listed among the abuses of another tyrant, King George, that he “transported us beyond the seas to be tried for pretended offenses”. This is a close description of the rendition of people to Guantanamo. And makes our George a tyrant.

Wishful thinking, delusion really, has put us in this legal nightmare. The way out is to shake it off.

Sunday, January 20, 2013

A Metro System for Palestine


The so-called "settlers" drive through Palestine on expressways. The Palestinians do not have expressways; they have only local roads, and need to stop frequently at checkpoints, and have permits. The checkpoints make travel within Palestine difficult, and in the case of medical emergencies, the delays can be life threatening.

This injustice could be fixed; fixed by money.

Naftali Bennett proposes linking the areas, that are now separated by checkpoints, by creating a metro system for Palestine. This should connect Gaza to the West Bank as well. This plan is independent of the further theft of land from Palestine, which is also part of Bennett's plan. YouTube

A community organizer in Gaza has also explored the idea of a subway for Palestine, and has received positive responses from those who have seen it. Reaction on YouTube
Artist's prtfolio of stops here.
System map -

Thursday, January 17, 2013

Chuck Culhane on prisons

Political Trial in Buffalo


A trial is political if it protects the interests of the powerful. The government says that there are no political trials, since that claim protects the interests of the powerful.

However, examples of political prosecutions abound; a readily accessible one is the case of Tommy Chong, of Cheech and Chong, as documented in the film "AKA Tommy Chong", available in the usual places.

Our case in Buffalo is the case of Nate Buckley, arrested for trespassing, what else, during a demonstration in front of M+T Bank on April 8th, 2011, and obstructing the administration of justice. Here is a video of that event and arrest, from YouTube.

A trial was held for three defendants. Two were acquitted on a bench trial, but the jury phase, for Buckley alone, resulted in a mistrial, due to juror misconduct. A motion to dismiss the charge against Buckley in the interests of justice was granted by the judge. Here is the judge's ruling.

The District Attorney, Frank Sedita Jr., son of a former mayor, is appealing the dismissal. He intends to prosecute, despite the judge's written opinion that a conviction would represent a miscarriage of justice.

Note that besides the existence of political trials, there are political not-trials; people "too big to jail".

Monday, January 07, 2013

DC, Dupont Circle, Rally

People spoke about the ongoing hunger strike of Samer Issawi. People in the West Bank are released in Gaza, making it impossible for them to see their famlies. Children are arrested for throwing rocks at tanks.
part 1 - Tighe Barry
part 2

Thursday, January 03, 2013

The First Amendment

Here are some prominent people who believe that the first amendment protects the commercial press; protects a business enterprise: Huff Post
ie: bloggers don't count; in fact speaking doesn't count.
----
Here is the text in question: "or of the press"

Ok, we know

Israel, with the approval of the US, plans to strangle Palestine.
To death.